E-Paper
Purab Premium Apartments: National consumer panel pulls up GMADA, imposes penalty
The order came on the plea of as many as 200 allottees, backed by the Purab Premium Apartments’ association, against GMADA’s decision to levy maintenance charges retrospectively from 2016
The National Consumer Disputes Redressal Commission Delhi has directed the Greater Mohali Development Authority (GMADA) to obtain a completion certificate from a competent authority, duly certifying that all works, amenities and facilities at Purab Premium Apartments in Sector 88, as promised in the brochure and letter of intent (LOI), are completed within 45 days of this order.
The order came on the plea of as many as 200 allottees, backed by the apartments’ association, against GMADA’s decision to levy maintenance charges retrospectively from 2016.
The allottees approached the commission, accusing GMADA of changing the scope of the project and jumping multiple deadlines.
While issuing an order in favour of the Purab Premium Apartments Allottees’ Association, the commission directed GMADA to execute all necessary and required documents in respect of the said apartments in favour of the respective allottees.
In the order issued on May 4, which was made available on Wednesday, the commission also directed GMADA not to charge any enhanced price on account of increase in super area as per terms and conditions of the allotment letter and offer of possession from any allottee/member of complainant association, unless such increased super area has been actually given to such allottee(s) by calculating super area as per principle mentioned.
Parampreet Bajwa, one of the advocates representing the association, said, “The commission has directed GMADA to supply the copy of the completion certificate to the complainant association as well as put it on its website for the benefit of all allottees.”
Bajwa said the commission had also directed GMADA to pay compensation for delay in possession from the committed date in the form of simple interest at the rate of 6% per annum on the total amount paid by the allottees.
The order further read that GMADA will pay ₹50,000 as lump sum compensation to each member of the complainant association on whose behalf the complaints were filed.
The commission also directed the authority to pay ₹25,000 as litigation cost to the complainant society in both consumer complaints.
The contention
In 2017, GMADA had constructed 1,620 premium apartments of 3 types (Type-1, Type-2 and Type 3) in Sector 88. The project comprises 27 towers of 60 flats each. Out of the 1,620 flats, 954 have already been allotted and 590 allottees have taken possession of these units, while the rest have either been surrendered or unsold. Around 700 flats remain unoccupied and have been falling into disrepair.
In the brochure, GMADA had claimed that the project will have features, such as secure gated environment, adequate sports facilities, indoor all-weather swimming pools, club, 24-hour power backup, piped LPG/NPG, elevators, quality construction by firms of repute using premium branded materials, etc.
Bajwa said although timely payment by the allottees was made an essential condition in the terms provided in the brochure, timely delivery of possession and adherence with the quality specifications provided in the brochure had not been given any significance
